PATEL EVELIN RANCHHODBHAI Vs. GUJARAT AYURVED UNIVERSITY JAMNAGAR

JUDGEMENT

(1.) In this Special Civil Application it is the prayer of the petitioner that the Respondent Gujarat Ayurved University be directed by an appropriate writ order or direction to treat her as a permanent employee as Midwife in the Hospital run by the University. The petitioner has further prayed that the respondent may be ordered to desist from discontinuing the petitioner from service as Midwife in the Hospital of the respondent.

(2.) It is the contention of the petitioner that the petitioner was first appointed by the order dated 27/06/1985 for a period of three months as a Midwife. Thereafter the respondent continued the petitioner on the said post by giving appointment orders for three months with some 1 or 2 days of artificial break. The last order which she has produced on record is at Annexure G which is dated 11/03/1987 which months that the petitioner was appointed purely on temporary basis for a period of three months as a Midwife against the post of Staff Nurse. The order further states that after the period of three months is over the petitioner would be deemed to have been relieved. The petitioner has also annexed an advertisement issued by the respondent inviting applications from the candidates for the various posts wherein applications for the post of Midwife are also invited. One of the essential qualifications for the said post is that the candidate should not be more than 35 years.

(3.) The learned Advocate for the petitioner vehemently submitted that since 1985 the petitioner is in service of the respondent except few days artificial break and therefore the petitioner should be made permanent on the post on which she is working and therefore the respondent should be restrained from terminating the petitioners services because the said termination would be in violation of Arts. 14 & 16 of the Constitution of India.